GANESH NEELAKANT KULAKARNI Vs. STATE

JUDGEMENT

(1.) GANESH Neelakantha Kulakarni (A. 1) and Chandrasekhar Bharma Katageri (A. 2) were tried in Sessions Cases Nos. 26/8, 27/8, 28/8 and 29/8 all of 1968 by the Sessions Judge, Raichur. In each of these cases, the accused were charged with having committed offences punishable under Sections 408, 467, 477 -A read with Section 34, I. P. C.

(2.) A -1 was working as Assistant Manager and A. 2 was working as Accounts Clerk in the District Co -operative Central Bank Ltd. Raichur, Koppal Branch. The prosecution case was that the accused persons working in such capacity as stated above, in furtherance of their common intention committed criminal breach of trust of certain amounts mentioned in each of these cases and in order to cover up the offence of criminal breach of trust, the accused persons wilfully and with intent to defraud, falsified the accounts in the books of the societies in which they were working.

(3.) IF Section 234, Criminal Procedure Code is not invoked and if joinder of charges are sought to be justified by the provisions of any other section, be it Section 235 or Section 236 or Section 239, Criminal Procedure Code the limit, if any, imposed by the section sought to be invoked will have to be considered and not the limit prescribed by Section 234, Criminal Procedure Code It is, therefore, necessary to see whether the offences with which the accused stand charged formed part of one transaction.